Centre amends prison manual to address caste-based inequality

Context: The Union Home Ministry has amended the prison manual rules to check
discrimination and classification of inmates in jails based on their caste. Model
Prisons & Correctional Services Act, 2023, have been amended to address the
issue of any caste-based discrimination of prisoners. The changes have been
made on October 3, 2024, order of the Supreme Court. According to the MHA,
changes have also been made in the Miscellaneous of the Model Prisons and
Correctional Services Act 2023, with a new heading “Prohibition of caste-based
discrimination in Prisons and Correctional Institutions” as Section 55(A).

Key points

·       Overview: According to
the new addition in the manual, the prison authorities will have to strictly ensure
that there is no discrimination, classification, segregation of prisoners based
on their caste.

·       Background: The Supreme
Court, in its October 3, 2024, ruling, highlighted the persistence of
caste-based discrimination and inconsistencies in defining habitual offenders
across states. It directed governments to update their legal frameworks and
ensure equality and fairness in prison administration. This judgment forms the
basis for the Home Ministry’s comprehensive overhaul of prison rules.

·       Addressing
Caste-Based Discrimination in Prisons: To eradicate caste-based
discrimination within prisons, the following changes have been implemented-

Ø  Prohibition of
Discrimination - Prison authorities are now mandated to ensure there is no
discrimination, classification, or segregation of prisoners based on their
caste. Duties and work assignments within prisons must be allocated without
prejudice, promoting equal treatment for all inmates.

Ø  Legal Provisions
in Prison Rules - A new section, 55(A), titled ‘Prohibition of
caste-based discrimination in Prisons and Correctional Institutions,’ has been
added under the Miscellaneous category of the Model Prisons and Correctional
Services Act, 2023.

Ø  Implementation
of Manual Scavenging Prohibition - The provisions of the Prohibition of
Employment as Manual Scavengers and their Rehabilitation Act, 2013, have been
extended to prisons and correctional institutions. Manual scavenging and
hazardous cleaning of sewers or septic tanks within prisons are explicitly
prohibited, safeguarding inmates from degrading practices.

·       Significance
of the Amendments: Ensuring Equality - The amendments aim to
uphold the constitutional right to equality and dignity for all prisoners,
irrespective of their caste or background.

Eliminating
Degrading Practices - By prohibiting manual scavenging and hazardous
cleaning, the rules reinforce humane treatment within prisons.

Standardized Framework
-
The unified definition of habitual offenders ensures consistent treatment of
repeat offenders across states, avoiding arbitrary classifications.